The
Rules of Professional Conduct that governs our Legal Profession makes
provisions on both the withdrawal and Change of a Counsel.
THE WITHDRAWAL
A
Counsel while representing a client or under an employment can decide to
withdraw during the period of the employment or representation.
However,
before we proceed, counsel must note that during the period of his employment
he owes the client the duty to;
1)
In
respect of a court case to be personally present or be properly represented
throughout the proceeding in the court. RULE 14(4)RPC
2)
Not
to neglect the legal matter entrusted to him. RULE 16(1)(c) RPC
The Grounds of Withdrawal
According
to RULE
21 OF RULES OF PROFESSIONAL CONDUCT;
‘’A
Lawyer shall not abandon or withdraw from an employment once assumed, except
for GOOD CAUSE.
POSER: What will
amount to Good Cause?
According
to RULE 21(2)(a-d) gives us what will amount to good cause
a)
Conflict
of Interest between the Lawyer and the Client
b)
Where
the Client insist on an unjust or immoral course in the conduct of the case
c)
If
the client persist against the lawyer’s advice and insist in pressing frivolous
defenses
d)
If
the client deliberately disregards an agreement or obligation as to payment of
fees or expenses.
FURTHERMORE, Reading through the RPC, some
circumstances of withdrawal pops up;
1.
If
after
Undertaking employment in contemplated or pending litigation, a
lawyer learns or it is obvious that the counsel or a lawyer in
his firm ought to be called as a witness on behalf of his client. SEE
RULE 20(4) RPC
2.
If
after undertaking employment in a contemplated or pending litigation, he learns
or it is obvious that he or a lawyer in his firm may be called as witness other
than on behalf of his client and the testimony is or may be prejudicial to the
client. RULE 20(5) RPC
POSER: After a
Justified Withdrawal, what should the counsel do next?
1)
He
should give reasonable notice to the client allowing him time to employ another
lawyer. RULE 21(3) RPC
2)
If
the client has paid his fees, he shall refund such part of the fee as has not
been clearly earned. RULE 21(4)RPC
THE CHANGE
A client
has the power to hire and fire his counsel. The power is guided by the RPC.
According
to RULE
18(1)RPC;
‘’A
Client shall be free to choose his lawyer and to dispose with his services as
he deems fit’’
HOWEVER, the rule further states that this
does not absolve the client from fulfilling any agreed or implied obligations
to the lawyer including the payment of fees.
POSER: After the
Client has changed his lawyer, what is the duty of the New Lawyer?
The New
Lawyer according to RULE 29(1) RPC he shall;
1) Promptly give notice to the
former lawyer and
2) Use his best endeavor to ensure
that the former lawyer is paid earned fees
POSER: What about
the Old Lawyer does he owe any duty?
Yes,
According
to
RULE 29(2)RPC both the old Lawyer and the New lawyer shall give notice
of the change to the court.
POSER: Assuming Mr.
Musa decides to change his lawyer; Fola esq, what are the things Fola ought to
give Mr Musa?
According
to RULE
29(3(a)) RPC a client is entitled to;
a)
All
letters written by lawyer to other persons at the direction of the client
b)
Copies
of letters written by the lawyer to other persons at the direction of the
client
c)
Drafts
and copies made in the course of the business
d)
Documents
prepared from such drafts.
POSER: Will Fola be
entitled to anything from Mr. Musa
YES,
According to Rule 29(3)(b) a lawyer is entitled to;
1)
All
letters written by the client to the lawyer
2)
Copies
of letters addressed by the lawyer to the client
3)
A
lien on the papers or documents of his client in respect of unpaid fees.
THE END
HOWEVER, NOTE THAT
WITHDRAWAL IS DIFFERENT FROM CAB-RANK RULE; IN WITHDRAWAL IT DURING THE PENDENCY
OF THE EMPLOYMENT WHILE THE OTHER THE COUNSEL IS YET TO ACCEPT THE BRIEF.
NEXT TIME ON
PROFESSIONAL ETHICS: CAB-RANK RULE……
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